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Regulation 1794/2006 - Common Charging Scheme for Air Navigation Services
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Commission Regulation (EC) No 1794/2006 of 6 December 2006 laying down a common charging scheme for air navigation services - text published in the Official Journal of the European Union
The Regulation is designed to encourage the safe, efficient and effective provision of air navigation services to the users that finance the system and to promote integrated service provision. It pursues the overall objective of improving the cost efficiency of air navigation systems in Europe.
This Regulation is intended to introduce a fairer charging scheme reflecting the costs directly or indirectly incurred in the provision of services. It is designed to ensure transparency and consultation on how such costs are calculated and split between the various services. The common charging scheme must also comply with the International Civil Aviation Organisation (ICAO) route charging priniples.
The Regulation applies to air navigation services provided by air traffic service providers and providers of meteorological services. The Member States may decide not to apply the Regulation at airports with fewer than 50 000 commercial air transport movements per year. In such cases the European Commission must be informed so that it can periodically publish a list of exempted airports.
The Member States must establish charging zones in their airspace in which the costs are calculated in accordance with the same base and on an annual basis. The base must be laid down so as to be compatible with air traffic control operations and services, after consulting users' representatives. Where a charging zone extends across the airspace of more than one Member State, the Member States concerned must take the necessary steps to ensure that the Regulation is applied consistently and uniformly to the airspace in question. They must notify them to the European Commission and EUROCONTROL.
Service providers must give details of the costs involved in providing their services, indicating the costs of administrative overheads, training, studies, tests and trials and research and development.
In certain cases the Member States may calculate these costs where they are incurred by recognised organisations or by the Member States themselves, or where they stem from international agreements.
To ensure the transparency of the cost base, the Member States and/or air navigation service providers are to organise an exchange of information. They must keep airspace users' representatives, the Euroepan Commission and EUROCONTROL informed, at least once per year. To do this they must fill in the reporting table included in the Annex to the Regulation.
The Regulation also lays down rules on calculating air navigation charges, i.e. en-route charges (for a navigation service in a volume of airspace) and terminal service charges (for a navigation service at an airport). Information on the charging mechanisms used must be forwarded to the airspace users' representatives.
The Member States retain the right to set up incentive schemes to support improvements in the quality of air navigation services, on a transparent and non-discriminatory basis. These incentive schemes are also limited in time, scope and amount.
The development and implementation of a common charging scheme for air navigation services provided during all phases of flight is of utmost importance for the successful implementation of the Single European Sky.
SES II Amendment to the Regulation
In order to translate the the financial consequences of the performance scheme into the charging scheme, Regulation (EC) No 1794/2006 was amended by Commission Regulation (EU) No 1191/2010 of 16 December 2010. In particular, the amendment enables the implementation of the cost and traffic risk sharing mechanisms as well as the incentive schemes described in Regulation (EU) No 691/2010 (PS-IR).
- Commission Regulation (EU) No 1191/2010 of 16 December 2010 amending Regulation (EC) No 1794/2006 laying down a common charging scheme for ANS
- Air Transport Portal of the European Commission - Single European Sky